What Are No Bail Crimes?

One thing that we certainly do not wish for is getting arrested, with the possibility of being incarcerated. This is why we stick to the rules and follow city or state regulations. For those who are having trouble with the law, here's what you should know about bail.

About Bail

Bail is money or security given or promised to the court so that a suspect can be released from jail while he waits for his trial. If the suspect fails to appear in court during the scheduled date, the court will forfeit bail. This means that the money or collateral used for bail will never be returned. It is also likely that the court will bring up new charges on the offender who fails to show during the time and date specified by the court. The most common move of the legal system is to issue a bench warrant against a no-show suspect. If the court greatly suspects that the offender intends to escape or has already fled a certain area to avoid trial, then a federal warrant will be issued.

Who Sets Bail?

Each county or state will have a bail schedule. Each crime is listed here with its corresponding bail amount. Sometimes, an attorney can request to have the bail amount altered. A lawyer could ask for a judge to have the bail amount higher than what's specified in the bail schedule. The final decision will rest on the judge, who will determine the bail amount after he evaluates the accusations or the preliminary evidence presented. Some factors that could persuade the judge to increase bail amounts include the severity of a crime, the background of a suspect, and the possibility that a suspect will abscond or run away. Generally, judges will settle on a higher bail amount for repeat offenders and for those who have prior criminal records. But judges could also lower the bail amount if the suspect and his lawyer will be able to present evidence or information that could convince a judge to reduce bail amount.

No Bail Crimes

One basic human right is to be presumed innocent until proven guilty. This is why people are allowed to post bail and defend themselves in court. In short, the court, with all its power and might, does not have the right to take away a person's freedom by detaining him unlawfully, without possibility of bail, even if that person is suspected of a crime. However, there are also certain offenses that are classified as "not bailable". Non-bailable crimes include heinous felonies and capital crimes. Still, it is the judge's or the court's discretion to either grant bail or not, depending on the evidence presented and other factors surrounding a specific case.

Felonies and Capital Crimes

Oftentimes, judges do not allow bail for those suspected of serious or violent felonies, especially if evidence suggests that if the suspect is released, then he or she will do grave bodily harm to others. Those who commit capital crimes, like murder, may not be granted bail if the preliminary evidence or case details gathered are very convincing that the suspect likely committed the violent act.